Design Rights
Discover more about Design Rights and Intellectual Property
Design Rights
Design rights IP focuses on protecting appearance of a product and/its packaging. This can be done with one or all of design patents, copyright and trade dress, including product configuration trade dress. All of these areas of IP can overlap to create significate rights in the appearance of the product and/or the product packaging. You need to think about the design in visual terms, all the protection is about the appearance. You need to be able to think about the appearance and the “function” of the article a separate things to come up with protection strategies.
Limitations
- Design patents cannot protect an article of manufacture who’s appearance is entirely dictated by function
- Copyright does not protect useful articles — except when it does
- Product configuration trade dress cannot protect a design that gives the owner a competitive advantage other than a reputational advantage
Design patent
- Must be an article of manufacture — currently purely digital items cannot be protected by a
design patent - Must be novel and non-obvious
- Cannot be solely dictated by function
Design Patent Advantages
- efficient means for protecting a product design – Relatively quick prosecution
- Cost effective tool to acquire enforceable IP rights – Fraction of utility patent cost
- High damages possible for infringement – Total profits option
- No maintenance fees – 15 years of coverage without additional fees
- High allowance rate – Nearly 83% currently
Our Approach
At Polson IP Law, we approach intellectual property with both precision and perspective. We understand that behind every trademark, patent, or creative work is a larger business goal — something you’ve built, shaped, and deserve to protect. Rather than offering one-size-fits-all legal solutions, we take the time to understand your vision, your industry, and your long-term objectives, crafting strategies that align with how your business actually operates and grows.
Our work is grounded in clarity, responsiveness, and practical guidance. You won’t be left navigating complex legal terrain alone — we act as a steady partner, translating nuanced IP concepts into clear, actionable steps so you can make confident, informed decisions. Whether you’re securing new protections or managing an evolving portfolio, our approach is thoughtful, proactive, and always focused on protecting what matters most.
News and Updates
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Fax: 720-863-0959
Email: mail@polsoniplaw.com
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Westminster, CO 80234